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Apr 21, 2013
04/13
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any time we question him about his guilt or innocence, he's entitled to his miranda rights and a lawyer. but we have the right under our law -- i've been a military lawyer for 30 years, to gather intelligence from enemy combatants. and a citizen can be an enemy combatant. he is not eligible for military commission trial. i wrote the military commission in 2009. he cannot go to military commission. >> so a civil trial no matter what. right. >> in my view a civil trial, it should be a federal trial. >> right. and senator schumer, i know you agree this should go to a federal court. i want to quick read you something that one of your colleagues said. this is from senator carl levin, the chairman of the armed services committee. and in response to senator graham and others saying this man needs to be treated as a terrorist, this is what senator levin said. i am not aware of any evidence so far that the boston suspect is part of any organized group let alone al qaeda, the taliban or within of their affiliates. in the absence of such evidence, i know of no legal basis for his detention as an e
any time we question him about his guilt or innocence, he's entitled to his miranda rights and a lawyer. but we have the right under our law -- i've been a military lawyer for 30 years, to gather intelligence from enemy combatants. and a citizen can be an enemy combatant. he is not eligible for military commission trial. i wrote the military commission in 2009. he cannot go to military commission. >> so a civil trial no matter what. right. >> in my view a civil trial, it should be a...
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Apr 20, 2013
04/13
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so whether or not you read miranda to this man when he wakes up, we know that medically he's unable to talk right now, he still knows he has a right to remain silent. so i'm not sure the enemy combatant label is going to sick. >> enemy combatant, that status is a bad idea. allen dur sho witch told piers morgan that there is no way a person in boston could be tried as an enemy dock bat tant. that's ignorance of the law. who is right here. >> it's too early to tell, but he is the guru. what he's pointing out is you do not want to mess this up. you don't want to get a confession or information without ma ran diezing him if in fact you cannot later label him as an enemy combatant then anything he says is subject to be so pressed and not in a court of law. go ahead, give him counsel, he's not going to get bond, ma ran diez him and conduct a thorough investigation so everything staunds up when we get him into a court of law. >> okay. there is no state death penalty in massachusetts. so the death penalty off the table in. >> no. don, this is an interesting thing. he is be charged by both fede
so whether or not you read miranda to this man when he wakes up, we know that medically he's unable to talk right now, he still knows he has a right to remain silent. so i'm not sure the enemy combatant label is going to sick. >> enemy combatant, that status is a bad idea. allen dur sho witch told piers morgan that there is no way a person in boston could be tried as an enemy dock bat tant. that's ignorance of the law. who is right here. >> it's too early to tell, but he is the...
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Apr 23, 2013
04/13
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. >> they can do that at any time even after they read him his miranda rights? >> yes, that's my view. >> so that changes nothing in view of their ability to interrogate? >> what it changes is their ability to question him and use any statement that he makes. that they're not allowed to do. >> he is apparently claiming -- >> they don't need that in this case. they got a mountain of evidence against this guy. >> right. they have testified it seems against him and his brother for the act they perpetrated. >> correct. >> what they will i'm sure be extremely curious to find out if they can is are they part of a wider group of either like-minded individuals who have been coordinating themselves reading stuff on the internet, videos and so on, which apparently is what he's claiming. whether they're attached to anybody in chechnya, for example, or islamic fundamentalist nature, et cetera, et cetera, how far can you go in terms of eliciting that information from somebody like him in his position once he's had his miranda rights read to him as he now has? >> my view is y
. >> they can do that at any time even after they read him his miranda rights? >> yes, that's my view. >> so that changes nothing in view of their ability to interrogate? >> what it changes is their ability to question him and use any statement that he makes. that they're not allowed to do. >> he is apparently claiming -- >> they don't need that in this case. they got a mountain of evidence against this guy. >> right. they have testified it seems...
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Apr 23, 2013
04/13
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it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and incarcerate hundreds of terrorists. >> brown: tsarnaev was also likely to face state charges in the shooting death of a police officer at m.i.t. it all followed his dramatic capture friday evening, when he was found hiding and wounded in a boat behind a home in the boston suburb of watertown. his older brother tamarlen died hours earlier in a shoot-out with police that triggered the all-day manhunt and shut down the city. yesterday, on cbs, massachusetts governor deval patrick stood by the unprecedented measures. >> i think people understood that we were
it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and...
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Apr 23, 2013
04/13
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he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me do it, i am innocent, look at my face, look at my high school record, i really didn't mean it, don't give me the death penalty. i think from what we have heard now, the jihad defense seems like it is off the table. he is prepare
he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist...
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Apr 17, 2013
04/13
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and one of our justice producers is saying there is not an arrest yet, apprehension, an arrest, miranda rights being processed, these can all mean different things to different people in the cloud of this. but i am told by a boston law enforcement source that they believe that they have the suspect. >> with anderson cooper here now, word of an arrest here and the boston marathon attacks. we have heard the u.s. federal marshals have taken the suspect to the courthouse that would be obvious procedure in a federal investigation. we believe it all started with videotape they were analyzing from a store across the street from the second explosion, we believe it was a lord & taylor, a man was identified, putting down something that officials believe proximated the type of bag that was holding what they thought was an explosive device in one of these that we have been showing you all morning. one of these pressure cookers. and they found him. we're not exactly sure. we don't know what the procedure was, what they cross referenced to find this particular individual. juliette and john said may h
and one of our justice producers is saying there is not an arrest yet, apprehension, an arrest, miranda rights being processed, these can all mean different things to different people in the cloud of this. but i am told by a boston law enforcement source that they believe that they have the suspect. >> with anderson cooper here now, word of an arrest here and the boston marathon attacks. we have heard the u.s. federal marshals have taken the suspect to the courthouse that would be obvious...